Law:

Section:

(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)---- -----S. 1 (4) 2 (i) & S. O. 15 (3) read with Punjab Civil Servants Act (VIII of 1974), S. 2 (b)(iii) and Workmen's Compensation Act (VIII of 1923), S. 2(n) and Sched. 11, cl. (viii)-Civil servant-Workman­ Grievance petition-Employee of Highway Department employed in construction and maintenance of roads--Not a civil servant and not governed by Civil Service Rules but by West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968­Road Inspector doing inspection of roads by traveling upto some miles daily-Cannot be said to be doing any manual work--Not working personally with Labour and doing no- manual work with own hands-Preparation of report not his main duty but ancillary to main duty of supervision-Not a workman under West Pakistan Industrial and. Commercial Employment (Standing Orders) Ordinance, 1968---Dismissal from service challenged on basis of lack of proper enquiry into alleged misconduct-Being not a workman under West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-Such Road Inspector, held, had no right guaranteed under said Ordinance-No suggestion or claim of any right guaranteed under any other law infringed-Held: Such employee having no guaranteed right to apply under S. 25-A of Industrial Relations Ordinance, 1969-Industrial Relations Ordinance (XXIII of 1969), S. 25-A. (b) Industrial Relations Ordinance (XXIII of 1969)--- --S. 1 (3)-Applicability of Ordinance - "Persons employed in admin1stration of State"-Road Inspector of Highway Department ­Concerned with removal of enchroachments upon Highways and could prosecute enchroachers-Removal of encroachments-Not exclusive function of Government-Any person other than Govern­ment can also set criminal law in motion thus prosecution of encroachers also not a function of Government alone-Construc­tion and repairs of roads also not a regal function of Government but every member of public can do this function-Road Inspector, held, not ousted from ambit of Ordinance. (c) West Pakistan Industrial and Commercial Employment (Standing Orders)…

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